Sunshine Week

Electronic Access to Court Records

Judicial task forces in several states are examining the issue of electronic access to court documents. Of major concern is the amount of private information that can be found in many of these records. While the data always has been accessible by the public at the courthouse, these panels now must weigh whether there are limits to what is available to the world at large online.

In Florida, for example, it took nearly two years for a panel appointed by the state Supreme Court to vote in favor of electronic access, recognizing "the need for openness and, indeed, Florida's unique constitutional commitment to openness." The recommendation, however, was accompanied by strong cautions about the need to safeguard privacy.

More information about the debate and the panel's final recommendations are contained in an Associated Press report, found online here, courtesy of The Orlando Sentinel.

In Wisconsin, the Milwaukee Journal-Sentinel reports that a circuit court Web site is under review by a panel that may ultimately limit access to the criminal and civil court records posted there.

The site, which has been up since 1999, gets between 2 million and 3 million hits a day. It includes the records of nearly everyone who's been in a state courtroom, the Journal-Sentinel noted; in some counties, records go back more than 30 years. Not surprisingly, the site has drawn critics as well as advocates. The 20-member review panel will report to the director of the state courts, who is expected to announce any changes by next spring.

The Milwaukee Journal-Sentinel article is online here.

Open Government Explained

During Sunshine Week 2005, a number of participants hosted public discussions about the importance of open government. Recently, there were similar forums in several states, where government officials and the public were briefed on access laws.

In Rhode Island, where one municipality recently paid a record fine for stonewalling a Barrington couple seeking tax information, attendance at the state attorney general's seventh annual Open Government Summit was itself record-breaking, The Providence Journal reported. The crowd of more than 500, mostly government officials, was particularly attentive to discussions of the state's Open Meetings Law and Access to Public Records.

"When we can have a meeting like this, with 500 people for the sole purpose of educating our public officials, that restores my faith in government," one of the Barrington plaintiffs told The Providence Journal.

A free public workshop on open government also was recently hosted by the New Mexico Foundation for Open Government. According to a report in the Carlsbad Current-Argus, much of the discussion focused on public notice of meetings and when executive sessions can be called.

A local council member told the newspaper he enjoyed the workshop, noting, "It's always good to have a reminder of the law."

One of the biggest commitments to educating the public about open government comes from Washington, where the state's attorney general is spending several months traversing the state explaining changes in the public disclosure law.

The Associated Press, via the Web site of the News Tribune in Tacoma, which is one of the 12 newspapers around the state hosting the forums, explained that the AG's mission is to explain changes to the state's public disclosure law that prevent government agencies from denying public records requests that officials might feel are too broad.

Though the state Supreme Court ruled last year that government agencies can ignore FOIA requests they deem overly broad, the recently enacted legislation removes "overbroadness" as a justification for denial.

Looking Ahead to Sunshine Week 2006

By nearly any measure, the first national Sunshine Week was a fantastic success.

Hundreds of news organizations generated thousands of articles, commentary, graphics, cartoons, public forums and more, all of which advanced discussions about the importance of open government and freedom of information. Many open government organizations and civic groups marked the week as well. A list of many of the participants is online here.

Newspapers and broadcasters profiled local heroes, who fought for the knowledge that makes their communities safer and stronger. News media audited local officials'   compliance with open-government laws. People were educated about what public information is available and how they could get it. Community-wide discussion forums opened dialogues about the importance of sunshine in government. People who have improved public accessibility were lauded.

The Buffalo News created a Sunshine Week open government poster, above, based on artwork designed for the newspaper's Sunshine Week 2005 special coverage. Go to the Sunshine Week Web site's Toolkit section to find a downloadable version.

Perhaps most important, people were reminded that they have the right to information.